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If you are injured while at work, it can be difficult to determine how to best go about getting the compensation you deserve. Most victims either file for workers compensation or a personal injury lawsuit, however, there are a few distinctions between the two. It is important to understand these differences because they can potentially impact the compensation you receive.

What is it?

Workers’ Compensation

Workers’ compensation is a form of insurance provided by your employer that covers the medical bills and lost earnings resulting from being injured while performing a work-related task. However, if you choose to file a workers’ compensation claim, you are giving up your right to sue or file for personal injury.

Personal Injury

Personal injury is a type of lawsuit that can be filed when an injury is inflicted directly by someone else when performing work-related tasks. When filing for this type of lawsuit, you must be able to prove that someone else acted negligently and was the cause for your injury.

What are the differences:


In Alabama, you must be able to prove fault in a personal injury lawsuit, and that’s where we can help. If someone caused your injury, you can file a lawsuit in order to win the compensation for the damages you have received. When filing a personal injury claim for an incident that occurred at work, you must be able to prove that a co-worker was showcasing negligence to inflict your injury while performing work-related tasks.

However, when filing a workers compensation claim, you don’t need to prove that someone is guilty for causing the accident or injury. Companies have workers compensation insurance to cover their employees’ medical bills, lost wages during time of leave, and rehabilitation expenses if necessary. Likewise, workers compensation will cover any death benefits for employees who are killed on the job.

If you are filing a case, it is extremely important to get the medical attention you need immediately to determine any resulting injuries and make records of the injuries you are making claims on.


There is also a key difference in the damages that can be won when filing either a personal injury or workers compensation claim.

Workers compensation awards monetary compensation for the injuries and missed pay during recovery after a work-related injury. More specifically, workers’ compensation only covers related medical bills, missed pay, permanent disability benefits, and rehabilitation expenses.

With a personal injury lawsuit, our attorneys at Barfoot & Schoettker will fight for your compensation to cover all damages incurred. These damages can include lost earnings, lost ability to earn, pain and suffering, and loss of enjoyment.

Suing rights

Once you file a workers compensation claim, you have given up your right to file a personal injury lawsuit. When utilizing workers’ compensation you are gaining monetary compensation for the damages incurred in exchange for your employer’s liability immunity.

If you are unsure whether or not someone is responsible for all or part of your work-related injury, give us a call, and we can discuss your options. We offer free consultations and will fight for your rights to fair compensation for your case.

How we can help

When suffering from a work-related injury, knowing what type of claim to make can heavily impact your ability to obtain the correct compensation and benefits. At Barfoot & Schoettker, we will actively work to understand your needs, show compassion, and be aggressive in the courtroom.

Our small law firm will provide you with lawyers who truly care about you and your case. We want to win you the compensation you deserve and will make the process as easy and stress-free as possible. Let our attorneys help navigate you through the process of your work-related injury today with a free, no-obligation consultation.

Contact Us Today

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